72 Miss. L.J. 213 (2002-2003)
Public Privacy: Camera Surveillance of Public Places and the Right to Anonymity

handle is hein.journals/mislj72 and id is 221 raw text is: PUBLIC PRIVACY: CAMERA
SURVEILLANCE OF PUBLIC PLACES AND
THE RIGHT TO ANONYMITY
Christopher Slobogin1 ©2002'
Introduction  .................................. 214
I. Camera Surveillance of the Public Now and in the Near-
Future  ................................... 219
A. The Surveillance Dragnet ................... 219
B. Current Legal Regulation of Public Camera
Surveillance  .............................. 233
II. The Right to Public Anonymity ................. 237
A. The Impact of Losing Public Anonymity ........ 240
1. The Panopticon Analogy .................. 240
2. The Effects of Being Watched .............. 242
3. The Government's Use of Surveillance ....... 247
B. The Constitution and Public Camera Surveillance 252
1. Freedom of Speech and Association .......... 252
2. Freedom of Movement and Repose .......... 258
3. The Right to Privacy  ..................... 263
4. Freedom from Unreasonable Searches and
Seizures  .............................. 267
C. An Empirically-Based Case for Fourth Amendment
Regulation of CCTV  ....................... 272
1. Sources of Society's Privacy Expectations Vis-a-vis
CCTV  ................................ 272
2. The  Study  ............................. 275
3. The Relevance of Empirical Findings ........ 280
D. Summary  ............................... 285
Stephen C. O'Connell Professor of Law, University of Florida Fredric G.
Levin College of Law. The author would like to thank Tom Clancy and the
National Center for Justice and the Rule of Law, University of Mississippi Lamar
Law Center, for the generous support of this project and the invitation to speak
at the Technology and the Fourth Amendment Symposium in April, 2002. I also
thank David Fontana, Lyrissa Lidsky, Scott Sundby, and Andrew Taslitz for their
comments, and David Benjamin and Ryan Cobbs for their research assistance.

213

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?